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Why did you join Freehills (as was)? 

Like much in life, the reason was a mixture of design and luck. Design, as I wanted to do my articles of clerkship (as it was then called) at a firm with global reach and impact. Freehills had a growing Asia-Pacific practice and that excited me. And luck, because I was interviewed by a partner who had a strong interest in surfing. I am originally from Brisbane and he spent 70% of the interview peppering me with questions about which Queensland beaches had the best waves! 

What drew you to work in the field of environmental law? 

I’ve always been fascinated by - and connected to - the majestic wonder and centrality of our natural environment. At university, a friend suggested I join her in doing an elective on environmental law. It was a brand new course that many of us hadn’t heard of… including the lecturer unfortunately! That said, I quickly took to it and my passion for the field has grown over the last two decades of my career. The environment underpins our economies and all life support systems, from the food we eat, the water we drink, and the air we breathe. If societies can’t find a sustainable way to manage biodiversity and nature then we don’t have much hope of having flourishing economies for future generations. 

Why did you move from private practice to the UN? 

I have a purpose-driven agenda for my career, which is to do everything I can to help societies and countries find sustainable solutions to shared environmental challenges. My time at Freehills helped me learn more about the practice of environmental law and the important role of different actors, from corporations to governments to financial institutions to civil society. When a role at the UN came up I decided to apply as it was an opportunity to learn more about international environmental governance and how it works, as imperfect as it can sometimes be. I’m also a globalist by nature, with a strong curiosity in how different cultures and societies interact and can find compromise and commonalities when needed.

To what extent has your practice as an environmental lawyer helped you in your current role?

Enormously. My time in private practice gave me important skills that help me today. Freehills gives its lawyers a grounding that can help in any future organisation. Skills like how to draft clearly and quickly, how to issue-spot, the importance of finishing a task to completion, and ensuring work is 100% accurate. I also learnt the importance of integrity and how it should never be compromised. As a junior lawyer at Freehills I was working on a planning dispute for a client who was clearly in the wrong. Despite the pressure I was under, the partner backed me unambiguously in ensuring that the right thing was done by the client, as difficult as the conversations were. Ultimately, the client came to understand and respect our advice. 

What are the challenges you face in encouraging countries to advance the environmental rule of law? 

Geopolitics has coloured and negatively impacted the health of multilateralism, including current intergovernmental efforts to advance international environmental law. That said, when a solution needs to be found, countries can - and do - find ways to find compromise and agree important steps forward. For example, in March 2022 countries - including China, the USA, and the Russian Federation - agreed to a process to negotiate a new global legally binding treaty to eliminate plastic pollution. This is a significant step forward which shows that the environment is a key area where multilateralism is still alive. 

There is something of a backlash against ESG, particularly in the US. Why should businesses take ESG seriously? 

The backlash against ESG (environment, social, governance issues) in the US is, in my opinion, more a symptom of the difficult and divided politics in that country at this time. ESG is the victim and not the cause. The simple reality is that environmental, social, and governance issues are here to stay and businesses have no choice but to take these issues seriously. Perhaps because of this we are starting to see a decline in the number of anti-ESG laws passed in the US. Of the 161 bills and resolutions active this year only six bills in as many states have passed in 2024. Many of these attempts are also failing because of judicial challenges to their legitimacy. Some commentators have proposed moving away from the terminology of ESG, and focussing more on the basics of sustainability and concrete actions needed to manage and reduce relevant environmental, social, and governance risks. This tracks to the regulatory trends we are seeing in the EU and elsewhere, where sustainability-related governance regulation is very much on the rise. It’s a complicated path to travel, but businesses would be well advised to get good advice on how to navigate it appropriately and meaningfully. 

How do you address the argument that, whether we like it or not, the world needs fossil fuels and that the answer is not to eradicate them but to make them less environmentally harmful? 

Unfortunately, whether we like it or not, science says the opposite. A landmark report by the International Energy Agency in 2021 stated that if the world is to be net zero by 2050 there should be no new oil and gas projects approved for development, and no new coal mines or mine extensions. This is obviously a difficult message for many countries, including those that still rely heavily on fossil fuel industries. That said, the opportunity is to rapidly find and commit to clear, credible and just transitions out of existing fossil fuel industries towards clean energy businesses and economies. This is happening, and countries that lead the way stand to be clean energy superpowers. 


Do you feel that governments, businesses and individuals need to be compelled to adjust their behaviour, backed up with the prospect of punishment if they don’t, or is it better to encourage them to “do the right thing”? 

There are many levers of change, ranging from law and regulation, policy, cultural norms, religious movements, and others. In some countries environmental change has benefitted from significant penalties and/or criminal sanctions in relevant regulatory frameworks. In others, this hasn’t always worked in the long term, especially in the context of circumstances where the perpetrators had no choice. What’s clear is that in all countries I’ve worked in, businesses and societies need and call for transparent, fair, and equally and consistently applied “rules of the game”. This benefits everyone and will ensure the clean energy and nature-positive transitions we need are just and sustainable. I also think that the focus should be more on systems and less on individuals. 

What role do you think law firms, such as HSF, can play to influence others to act as responsible corporate citizens? 

Law firms like HSF have a very important role. You are trusted advisors to some of the world’s largest companies and financial institutions. These businesses are at the forefront of the transitions to a net zero and nature-positive future. They need legal advisers to help navigate risks and make these changes and investments credible, just, and sustainable. It’s a complicated task, and the more smart lawyers we have working on these issues the better.


Is it the case that you can have as many environmental laws as you like, but what really matters is countries putting the laws into action and enforcing them? 

I once heard a mentor say that “governments and legislatures are good midwives but bad mothers”….i.e. we’re good at passing laws but less good at ensuring the implementation. So yes, it very much matters that laws have appropriate and effective levels of implementation, compliance and enforcement. Environmental lawyers have learned a lot of lessons on how to do this over the years, so we have the solutions if the political will is there. Businesses, again, also play an important role in ensuring this. 

Are you an optimist or pessimist when it comes to the world taking the necessary action to prevent irreversible climate change? 

I remain a stubborn optimist, but a pragmatic one. My years of working in both private practice and in the public sector have shown me what’s needed, and how to get there. I’ve seen up close how decisions are made by government and businesses, and what the true levers of change are. I’m confident those levers are starting to be pulled and we’re going to see more - and not less - progress towards a green, low-emission, climate-resilient and naturepositive future. 

If you hadn’t become a lawyer, what would you have liked to have done/been? 

Probably a bicycle mechanic or an astronaut or a concert trombonist! My continuing curse is that I am curious about lots of things, but it’s also sort of my secret superpower.

 

Andy Raine, Alumnus of Melbourne office, 2002 - 2005


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